Page 21 - UK Basic Regulation & Occurence Reporting Regulations (Consolidated) January 2021

Basic Regulation (EU) 2018/1139

(a) the compliance with the applicable essential requirements referred to in Article 9 of
the design of products, of parts and of non-installed equipment may be assessed
without the issuance of a certificate, where regulations made under point (d)(i) of
Article 19(1) so provide. In that case, regulations made under point (j) of Article
19(1) are to define the conditions and procedures for such assessment.
Regulations made under in point (d)(i) of Article 19(1) might provide that the
organisation responsible for the design and production of those products, parts and
non-installed equipment is to be allowed to declare the compliance of their design
with those essential requirements and with the detailed specifications established in
accordance with regulations made under point (i) of Article 19(1) to ensure
compliance of those designs with those essential requirements;
(b) when the design of an aircraft does not comply with the essential requirements
referred to in Article 9, a restricted type certificate may be issued. In that case, that
certificate shall be issued upon application, when the applicant has demonstrated
that the design of the aircraft complies with the certification basis established in
accordance with regulations made under point (b)(i) and (ii) of Article 19(1) and that
the design of the aircraft is adequate, as regards airworthiness and environmental
compatibility, in light of the intended use of the aircraft.
2. By way of derogation from Articles 9, 10 and 14, as appropriate:
(a) in accordance with regulations made under Article 19, a restricted certificate of
airworthiness or a restricted noise certificate shall be issued for aircraft the design
of which has either been subject to a declaration in accordance with point (a) of
paragraph 1 or for which a restricted type certificate has been issued in accordance
with point (b) of paragraph 1. In that case, those certificates shall be issued upon
application, when the applicant has demonstrated that the aircraft conforms to that
design and that the aircraft is in condition for safe and environmentally compatible
operation;
(b) in accordance with regulations made under Article 19, a permit to fly may be issued
to allow the operation of an aircraft which does not have a valid certificate of
airworthiness or valid restricted certificate of airworthiness. In that case, such a
permit to fly shall be issued, upon application, when the applicant has demonstrated
that the aircraft is capable of safely performing a basic flight.
The permit to fly may also be issued without such applications, by an organisation
approved in accordance with Article 15 which has been granted a privilege to issue those
permits to fly in accordance with regulations made under point (k) of Article 19(1) or
regulations made under point (e) of Article 17(1), provided that that organisation has
determined that the aircraft is capable of performing safely a basic flight.
The permit to fly shall be subject to appropriate limitations, provided for in regulations
made under point (f) of Article 19(1), and in particular to limitations to protect the safety of
third parties.
ARTICLE 19 Delegated powers
1. For the aircraft referred to in points (a) and (b) of Article 2(1), other than unmanned
aircraft, and their engines, propellers, parts and non-installed equipment, Secretary of
State may make regulations, laying down detailed rules with regard to:
(a) detailed environmental protection requirements for products, parts and non-installed
equipment, in situations referred to in the second subparagraph of Article 9(2);
(b) the conditions for establishing and notifying to an applicant by the CAA in
accordance with Article 77:
(i) the type-certification basis applicable to a product for the purposes of the
type-certification referred to in Article 11 and point (b) of Article 18(1);
(ii) the certification basis applicable to a product for the purposes of the approval
of operational suitability data referred to in Article 11 including:
- the minimum syllabus of maintenance certifying staff type rating
training;
- the minimum syllabus of pilot type rating and the reference data for the
objective qualification of associated simulators;
- the master minimum equipment list, as appropriate;
- aircraft type data relevant to cabin crew;
- additional specifications to ensure compliance with Section III;
(iii) the certification basis applicable to a part or non-installed equipment,
including safety-related equipment and instruments referred to in Article
30(7), for the purposes of the certification referred to in Articles 12 and 13;
(c) the specific conditions for compliance of aircraft referred to in point (b)(ii) of Article
2(1) with the essential requirements referred to in Article 9;
(d) the conditions for issuing, maintaining, amending, limiting, suspending or revoking
the certificates referred to in Articles 11, 12, 13 and point (b) of Article 18(1),
including:
(i) the conditions for situations in which, with a view to achieving the objectives
set out in Article 1 and while taking account of the nature and risk of the
particular activity concerned, such certificates are to be required or are not to
be required, or declarations are to be permitted, as applicable;
(ii) the conditions concerning the duration of those certificates and concerning
the renewal of those certificates where their duration is limited;
(e) the conditions for the issuing, amending, limiting, suspending or revoking of the
certificates of airworthiness and noise certificates referred to in Article 14(1), as well
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